Allowed

Master X Thru. His Natural Guardian Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC26 Feb 2024/171/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed under Section 102 of the JJ Act against orders rejecting bail for a juvenile. Granting bail based on the DPO report despite serious sexual assault charges with IPC 376 implicated.

What did the court decide?

Orders rejecting bail by JJB and trials court set aside; revisionist, a juvenile, released on bail with personal bond and two sureties subject to specific conditions including guardianship and study.

Master X Thru. His Natural Guardian Mother Y… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17370

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 171 of 2024

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Revisionist :- Master X Thru. His Natural Guardian Mother Y Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Mayank Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mayank Pandey, learned counsel appearing for the revisionist, Sri Virendra Kumar learned Additional Government Advocate and perused the record.

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By means of the instant revision filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, the revisionist has challenged the validity of the orders dated 05.04.2023 passed by the Juvenile Justice Board, Lucknow rejecting his application for release on bail and the order dated 16.11.2023 passed by the Additional Session Judge/Special Judge (POCSO Act), Court No.2, Lucknow dismissing Criminal Appeal No.246 of 2023 filed by the revisionist against the order rejecting his bail application.

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FIR lodged on 10.07.2022 alleges that the revisionist had enticed away informant's daughter aged about 15 years.

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In the statement of the victim recorded under Section 161 Cr.P.C. she leveled allegations against the revisionist.

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Medico legal examination report of the victim mentions absence of injury on any party of her body.

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In the statement of the victim recorded under Section 164 Cr.P.C., she stated that no physical abuse was done against her. She again leveled allegation against the revisionist.

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Social Enquiry Report submitted by District Probation Officer mentions that some neighbours have told that behavior of the revisionist is good. There are very friendly relations between the victim and the revisionist.

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Keeping in view the aforesaid recommendations of the District

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Probationary Officer, I am of the view that the revision deserves to be allowed.

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Accordingly, this revision stands allowed. The orders dated 05.04.2023 passed by the Juvenile Justice Board, Lucknow rejecting his application for release on bail and the order dated 16.11.2023 passed by the Additional Session Judge/Special Judge (POCSO Act), Court No.2, Lucknow are set aside.

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Let the revisionist-Juvenile be released on bail in Case Crime No.340 of 2022 under Sections 363, 366, 376, 342, 506 IPC, 5/6 POCSO Act, Police Station Krishna Nagar, Lucknow upon his guardian furnishing a personal bond with two solvent sureties of his relatives, each in the like amount to the satisfaction of the Juvenile Justice Board concerned subject to the following conditions:-

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(i) the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the guardian will ensure that the juvenile will not indulge in any criminal activity; (ii) natural guardian will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do.

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(iii) juvenile accompanied by his natural guardian, will report to the Probation Officer on the first working day of every calendar month. The D.P.O. shall maintain a diary recording their attendance.

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(iv) The District Probation Officer will keep strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent

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conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 26.2.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Master X Thru. His Natural Guardian Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Master X Thru. His Natural Guardian Mother Y v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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